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  1. Boatlawyer

    Caribbean Cruise for diver and non-diver

    I figured they would have a casino, but the cruise we took on the Carnival Liberty in September only had a "Poker Pro" Texas Hold 'em table (video stations, no live dealer). He likes a "Live" table, so I was wondering whether RCL has them.
  2. Boatlawyer

    Caribbean Cruise for diver and non-diver

    Brian, My b/f doesn't dive either, but he loves to play poker. Does Majesty have a poker room? I suppose he can go to one of the Nassau casinos during the day, right?
  3. Boatlawyer

    Whale shark off Palm Beach

    There are infrequently reported in that area. Probably heading down to the Yucatan.
  4. Boatlawyer

    Legal & other issues from SG Mishap

    "I," on the other hand, need more champagne and strawberries! If this week gets any better I won't be able to stand it!:present2: :1balloon: Remember, A, sometimes you're the windshield, sometimes, the bug.
  5. Boatlawyer

    Legal & other issues from SG Mishap

    Dang JR- All that larnin' I tried to put on ye and you still miss the point!
  6. Boatlawyer

    Legal & other issues from SG Mishap

    Well, if you want to get into whys and wherefores, remember admiralty law has been around for hundreds of years and recreational diving, less than 50. Dive boats are barely a blip on the admiralty radar, as are most recreational vessels, for example jet skis. The statutory prohibition on...
  7. Boatlawyer

    Legal & other issues from SG Mishap

    The Schultz court analyzed like this: 1. Why is this case in federal court? Answer: Because the court has jurisdiction under diversity (parties from different states and damages exceeding $75K) and/or admiralty 2. Does 46 USC app 183(c) which prohibits liability waivers by vessels...
  8. Boatlawyer

    Legal & other issues from SG Mishap

    Might be wrong, but I think GOm was alarmed that in Florida one can be absolved from one's own Gross, as opposed to simple, negligence, not whether releases are valid.
  9. Boatlawyer

    Legal & other issues from SG Mishap

    Yep you read it right. Florida is very pro-business. The ability to release from gross negligence is a fairly recent development if I recall correctly, within the last 15 years, before that, releases from GROSS negligence were void as agaist public policy. Is that what you were inquiring...
  10. Boatlawyer

    Legal & other issues from SG Mishap

    Well, I would love to know what legislators are saying about it this week with pending funding for more artificial reefs. Following is an excerpt from the DEMA e-mail I received yesterday: Florida House and Senate committees are now considering creation of a trust to provide state matching...
  11. Boatlawyer

    Legal & other issues from SG Mishap

    C- That's one of my points about the "disneyfication" of these wrecks. One of the selling points of funding the SG was as a "tourist attraction" and one of the things that had to be proved to authorities before sinking was diver safety. Another stated purpose was to specifically draw divers...
  12. Boatlawyer

    Legal & other issues from SG Mishap

    Of course! There is a litany of other defenses, notice being essential, or perhaps, given the apparent facts that other openings were WELDED SHUT, whether chaining was sufficient. I never said it was a sure win, only that there may be exposure. In an earlier post, I also addressed the...
  13. Boatlawyer

    Legal & other issues from SG Mishap

    Clearly Schultz does not apply, that's why I prefaced the post, "The following case seems to lay out the state of law in respect to scuba accidents and dive ops, but of course, NOT the issue being discussed here" (emphasis supplied) Well, this is not a case of maintaining the boat from...
  14. Boatlawyer

    Legal & other issues from SG Mishap

    Nope, it's not wrong. It's the same reason Panamanian flagged cruise ships and gaming cruises to nowhere can operate in the U.S. Passengers for hire between ports requires U.S. documentation and coastwise endorsement.
  15. Boatlawyer

    Legal & other issues from SG Mishap

    I think it's about 8 miles offshore
  16. Boatlawyer

    Legal & other issues from SG Mishap

    He was probably confused because you transposed the acronym, it should be DOHSA:D
  17. Boatlawyer

    Legal & other issues from SG Mishap

    The district court in this case held there was admiralty jurisdiction because "by transporting individual scuba divers from shore to dive off of a vessel, the Defendants were performing an activity traditionally performed by vessels." We see no reason to disturb this decision. We, of course...
  18. Boatlawyer

    Legal & other issues from SG Mishap

    The following case seems to lay out the state of law in respect to scuba accidents and dive ops, but of course, not the issue being discussed here, which is "What is the duty to bar dangerous passages on a vessel sunk as an artificial reef, when the party sinking it has undertaken to create safe...
  19. Boatlawyer

    Legal & other issues from SG Mishap

    "some clients, you know, don't take well to legal extorsion and do litigate. and when they do, they need real litigators, not transactional lawyers who've never been in front of a judge, telling them what to do ... sorry..." Some people may have thought THAT comment was a cheap shot, too. I...
  20. Boatlawyer

    Legal & other issues from SG Mishap

    we both jumped the gun on the tax statement. And, I was only responding in kind to your prior comments, A, don't dish if you can't take, buddy.:14:
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